TERMS AND CONDITIONS

Sally Mustang Artwork (Pty) Ltd.
 

1. Nature of Services

1.1. Sally Mustang Artwork (Pty) Ltd. (“the Company”) provides custom tattoo design services and tattoo application services.

1.2. Custom tattoo design constitutes a professional creative service separate from the physical tattoo procedure.

1.3. By paying a deposit, the Client acknowledges and agrees that:

• The Company will allocate studio time and artist resources.

• Design work may commence prior to the appointment date.

• The deposit represents compensation for booking allocation and creative services.

2. Booking Confirmation and Deposits

2.1. An appointment is only confirmed once proof of payment of the required deposit has been received.

2.2. Deposits are required to:

• Secure studio time.

• Compensate for preliminary consultation.

• Compensate for custom design preparation.

• Cover administrative and scheduling costs.

2.3. Deposits are valid for twelve (12) months from the date of payment and may be applied toward a future appointment within that period, subject to availability.

2.4. If no appointment is scheduled within twelve (12) months, the deposit shall expire and be forfeited.

3. Custom Design Work and Deposit Forfeiture

3.1. Once custom design work has commenced, the deposit shall be deemed a non-refundable design fee.

3.2. Once a design (draft, concept, or final artwork) has been sent to the Client in any format (digital or printed), the deposit is immediately forfeited and shall not be refundable, regardless of whether:

• The Client proceeds with the tattoo; or

• The Client cancels or postpones the appointment; or

• The Client chooses not to proceed for personal reasons.

3.3. The deposit in such circumstances represents reasonable compensation for:

• Creative labour;

• Artist time allocation;

• Intellectual property development;

• Opportunity cost of reserved booking time.

3.4. The Client acknowledges that custom artwork cannot reasonably be resold or reused and therefore constitutes a personalised service under the Consumer Protection Act.

4. Cancellations (CPA Section 17 Compliance)

4.1. In terms of Section 17 of the Consumer Protection Act, a Client may cancel a booking, subject to a reasonable cancellation charge.

4.2. The Company reserves the right to retain all or part of the deposit as a reasonable cancellation fee, taking into account:

• The nature of the service;

• The extent of preparation completed;

• The notice period provided;

• The likelihood of filling the cancelled appointment slot.

4.3. Cancellations made less than 48 hours prior to the appointment will result in full forfeiture of the deposit.

4.4. Where design work has commenced or a design has been sent, Clause 3 shall apply and the deposit shall be non-refundable.

4.5. Approved refunds, where applicable, may be subject to a reasonable administrative fee not exceeding 5% of the total invoiced amount.

5. Intellectual Property

5.1. All designs, artwork, drafts, sketches and digital renderings remain the exclusive intellectual property of Sally Mustang Artwork (Pty) Ltd.

5.2. No Client acquires ownership rights to the design until full payment for the tattoo service has been received and the tattoo has been completed.

5.3. Clients may not:

• Copy;

• Reproduce;

• Distribute;

• Share with another tattoo artist;

• Modify;

• Or otherwise use the design

without the Company’s prior written consent.

5.4. The Company reserves the right to pursue legal remedies for unauthorised use of its intellectual property.

6. Late Arrivals

6.1. Late arrival may result in:

• Reduced tattoo time; or

• Rescheduling at the Company’s discretion.

6.2. Additional time required due to late arrival may be charged at the applicable hourly rate.

6.3. Excessive lateness may be treated as a same-day cancellation, resulting in forfeiture of the deposit.

7. Touch-Ups

7.1. Touch-ups are offered at management’s discretion and are valid for six (6) months from the original tattoo date.

7.2. Tattoos located on fingers, hands, feet, face, elbows and knees are excluded from complimentary touch-ups and will incur a separate fee.

7.3. Improper aftercare or failure to follow instructions may void eligibility for complimentary touch-ups.

8. Age Restrictions

8.1. No tattoos will be performed on persons under the age of eighteen (18).

8.2. Valid identification may be required prior to rendering services.

9. Children in Studio

9.1. Children under the age of twelve (12) are strictly prohibited within the tattooing area for health and safety reasons.

10. Quotation and Design Revisions

10.1. Quotations include one (1) design concept and one (1) revision.

10.2. Additional revisions may incur additional fees.

10.3. All quotations are valid for seven (7) days from date of issue.

11. Limitation of Liability

11.1. The Client acknowledges that tattooing involves inherent risks including but not limited to allergic reactions, infection, fading, and skin variation.

11.2. The Company shall not be liable for:

• Healing variations;

• Colour variation due to skin tone;

• Dissatisfaction arising from changes requested by the Client.

12. Governing Law and Jurisdiction

12.1. These terms are governed by the laws of the Republic of South Africa.

12.2. Any dispute shall be subject to the jurisdiction of the South African courts.